Appellate Division of the Supreme Court of New York, 2000

Simmons v. 984 Associates

Simmons v. 984 Associates
Appellate Division of the Supreme Court of New York · Decided September 25, 2000
275 A.D.2d 770; 714 N.Y.S.2d 226; 2000 N.Y. App. Div. LEXIS 9434
Simmons v. 984 Associates

Opinion of the Court

—In an action to recover damages *771for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered June 4, 1999, which granted the defendants’ respective motions for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with one bill of costs.

The defendant 984 Associates, the owner of the property where the plaintiff slipped and fell, established a prima facie case of its entitlement to judgment as a matter of law. Contrary to the plaintiff’s contention, she failed to raise a triable issue of fact that the defendant 984 Associates had constructive notice of the alleged defective condition which caused her to fall (see, Simmons v Metropolitan Life Ins. Co., 84 NY2d 972; Baum v Knoll Farm, 259 AD2d 456).

The defendant Anvil Contracting Co., the snow removal contractor, was also entitled to judgment as a matter of law, as it owed no duty to the plaintiff (see, Pavlovich v Wade Assocs., 274 AD2d 382). Bracken, J. P., Ritter, Altman and Feuerstein, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.